Berkeley sued for negligence in man's killing

BERKELEY, Calif. 
The family of a man beaten to death by an intruder 15 minutes after calling police for help is suing Berkeley for negligence.

Sixty-seven-year-old Peter Cukor called police on a nonemergency line in February to report a stranger in his garage.

The Alameda County lawsuit filed Thursday says police didn't show up and suspect Daniel Jordan DeWitt eventually knock down and dragged Cukor to his front yard where he was beaten to death with a large flower pot.

DeWitt has been charged with murder.

Berkeley police were focused on Occupy Oakland marchers at the time of the attack.

But the police chief says there were enough officers to deal with protesters, life-threatening emergencies and felony calls.

The wrongful death suit claims available officers were told not to respond.